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HomeMy WebLinkAboutBruch and Bruch culvert replacement Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, Public Works Director/County Engineer Agenda Date: April 10, 2023 Subject: Execution of Contract with Bruch R Bruch Construction, Inc. Snow Creek Road MP 0.84 Culvert Replacement County Project No. 18020310, County Road No. 352909 FEMA Hazard Mitigation Grant No. D21-031 Statement of Issue: Execution of contract with Bruch Et Bruch Construction, Inc. for the Snow Creek Road MP 0.84 Culvert Replacement, County Project No. 18020310. Analysis/Strategic Goals/Pro's Et Con's: Jefferson County has been awarded federal funding through the FEMA Hazard Mitigation program and a low interest loan through the Washington State Public Works Board for the culvert replacement at Snow Creek Road MP 0.84. The culvert is located under a 45 ft. deep fill, is badly deteriorated and at risk of failure. The proposed culvert replacement is necessary to maintain reliable access for residents. This contract is for construction of the culvert replacement and will include excavation of the 45 ft. deep fill, replacement of the culvert with a new 72-inch diameter culvert, and reconstruction of the road fill and roadway. Fiscal Impact/Cost Benefit Analysis: The contract amount is 1,092,394.00. The total estimated project cost including engineering, right of way and construction is $1,332,894. The FEMA Hazard Mitigation grant will provide $997,500 in federal funding and $166,250 in state funding. The Public Works Board Construction Loan will provide the remaining funding. The loan will be repaid out of the County Road Fund over a period of twenty years. Recommendation: Public Works recommends that the Board execute all three (3) originals of the Contract with Bruch Et Bruch Construction, Inc. and return two (2) originals to Public Works for further processing. Department Contact: Mark Thurston, Project Manager, 385-9210. Review y: r--,N Mark Mc auley, County Administrator Date �EZ2�Zz CONTRACT REVIEW FORM Clear Form (INSTRUCTIONSr RE ON THE NEXT PAGE) CONTRACT WITH: Tobe rmimd rut 3r#-tJ1 66ASHae,4f�l) Contract No: Contract For: Snow Creek Road MP 0.84 Culvert Replacement Term: COUNTY DEPARTMENT: Public Works Contact Person: Mark Thurston,Chris Spall Contact Phone: ext.zto,Ext.zos Contact email: mthurston@co.jeHerson.waus,cspall@co.jeHerson wa us AMOUNT: To be det ned C/ .�J�f�. d p PROCESS: Exempt from Bid Process Revenue: 1800000010.33397.01.2031 Cooperative Purchase Expenditure: 595 Competitive Sealed Bid Matching Funds Required: yes Small Works Roster Sources(s) of Matching Funds FEMA,PWB Loan,County funds Vendor List Bid Fund# RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: �■ N/A:F 21'lAd V­� 2 ho 23 Signature bate STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: R N/A: D _2e," Signature IFDate STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): I ' Electronically approved by Risk Management on 2/28/2023. V STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 2/28/2023. Pre-approved contract form. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEV(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 CONTRACT JEFFERSON COUNTY,WASHINGTON THIS AGREEMENT,made and entered into this day of ,20 ,between the COUNTY OF JEFFERSON,acting through the Jefferson County Commissioners and the Director of Public Works under and by virtue of Title 36,R.C.W, as amended and Bruch and Bruch Construction,Inc. of Port Angeles,Washington hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement,the parties hereto covenant and agree as follows: 1. The Contractor agrees to furnish all labor and equipment and do certain work, to-wit: That the Contractor herein will undertake and complete the following described work: This contract provides for the improvement of Snow Creek Road near milepost 0.84. Included is the excavation of the existing road embankment and culvert, installation of a new 72-inch diameter culvert,reconstruction of the road embankment and road base, HMA wearing surface, guardrail, site restoration and other work for the total sum of One million ninety two thousand three hundred ninety four dollars($ 1,092,394.00 )in accordance with and as described in the attached plans and specifications and the Standard Specifications of the Washington Department of Transportation which are by this reference incorporated herein and made a part hereof. The Contractor shall perform any alteration in or addition to the work provided in this contract and every part thereof. The Contractor shall complete the described work as follows: Contract time shall begin on the first working day following the Notice to Proceed Date. Beginning with the first working day,the project shall be physically complete within 80 working days. The Contractor shall provide and bear the expense of all equipment,work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof. 2. The County of Jefferson hereby promises and agrees with the Contractor to employ,and does employ the Contractor to furnish the goods and equipment described and to furnish the same according to the attached specifications and the terms and conditions herein contained, and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached,at the time and in the manner and upon the condition provided for in this contract. The County further agrees to employ the Contractor to perform any alterations in or additions to the work provided for in this contract that may be ordered and to pay for the same under the terms of this contract and the attached specifications at the time and in the manner and upon the conditions provided for in this contract. 3. The Contractor for himself, and for his heirs, executor, administrators, successors, and assigns,does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 1 of 10 4. Prior to commencing work,the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in the State with a Best's rating of no less than A: VII.The Contractor shall provide to the County Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the commencement of work to be performed. The insurance policies required shall provide that thirty(30)days prior to cancellation, suspension, reduction or material change in the policy,notice of same shall be given to the County Risk Manager by registered mail,return receipt requested, for all of the following stated insurance policies. If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments to the Contractor shall be withheld until all such requirements have been met,or at the option of the County,the County may pay the renewal premium and withhold such payments from the moneys due the Contractor. All notices shall name the Contractor and identify the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected. A. Workers Compensation and Employers Liability Insurance. The Contractor shall procure and maintain for the life of the contract,Workers Compensation Insurance,including Employers Liability Coverage,in accordance with the laws of the State of Washington. B. General Liability(1)-with a minimum limit per occurrence of one million dollars($1,000,000) and an aggregate of not less than two million dollars($2,000,000)for bodily injury,death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage: 1. Broad Form Property Damage with no employee exclusion; 2. Personal Injury Liability, including extended bodily injury; 3. Broad Form Contractual/Commercial Liability including completed operations (contractors only); 4. Premises-Operations Liability(M&C); 5. Independent Contractors and Subcontractors; and 6. Blanket Contractual Liability. (1)Note: The County shall be named as an additional insured party under this policy. C. Automobile(2)-with a minimum limit per occurrence of$1,000,000 for bodily injury,death and property damage unless otherwise specified in the contract specifications. This insurance shall indicate on the certificate of insurance the following coverage: 1. Owned automobiles; 2. Hired automobiles;and, 3. Non-owned automobiles. (2)Note: The County shall be named as an additional insured party under this policy. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County,the insurer shall reduce or eliminate deductibles or self-insured retention or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Constriction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 2 of 10 Failure of the Contractor to take out and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement,nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County(including its employees and other agents and agencies),it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies)for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. It is agreed by the parties that judgments for which the County may be liable,in excess of insured amounts provided herein,or any portion thereof,may be withheld from payment due,or to become due,to the Contractor until such time as the Contractor shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. If the proof of insurance or certificate of coverage indicating the County is an"additional insured" to a policy obtained by the Contractor refers to an endorsement(by number or name)but does not provide the full text of that endorsement,then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County within 30 days of the execution of this Agreement. The County may, upon the Contractor's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. 5. The Contractor shall comply with all Federal, State,and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County,WA. The Contractor shall defend,indemnify and hold the County,its officers,officials,employees,agents and volunteers(and their marital communities)harmless from any and all claims,injuries,damages, losses or suits including attorney fees,arising out of or resulting from the acts,errors or omissions of the Contractor in performance of this Agreement,except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the County,its officers,officials,employees,agents and volunteers(and their marital communities)the Contractor's liability,including the duty and cost to defend,hereunder shall be only to the extent of the Contractor's negligence. Claims against the County shall include,but not be limited to assertions that the use and transfer of any software,book,document,report,film,tape,or sound reproduction of material of any kind, delivered hereunder,constitutes an infringement of any copyright,patent,trademark,trade name,or otherwise results in an unfair trade practice or an unlawful restraint of competition. Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 3 of 10 The Contractor specifically assumes potential liability for actions brought against the County by the Contractor's employees,including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and,solely for the purpose of this indemnification and defense,the Contractor specifically waives any immunity under the state industrial insurance law,Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W.4.24.115 and was subject of mutual negotiation. The provisions of this section shall survive the expiration or termination of this Agreement. 6. The Contractor's relation to the County shall be at all times as an independent Contractor,and nothing herein contained shall be construed to create a relationship of employer-employee or master- servant,and any and all employees of the Contractor or other persons engaged in the performance of any work or service required of the Contractor under this Agreement shall be considered employees of the Contractor only and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of the Contractor. 7. The Contractor shall not sublet or assign any of the services covered by this contract without the express written consent of the County or its authorized representative. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 8. Nothing in the foregoing clause shall prevent the County,at its option,from additionally requesting that the Contractor deliver to the County an executed bond as security for the faithful performance of this contract and for payment of all obligations of the Contractor. For contracts of$150,000 or less,the County and the Contractor may agree that in-lieu of the Contract Bond;the County will withhold 10%of the Contract amount in accordance with R.C.W 39.08.010. If applicable,the Contractor will indicate this option on Exhibit D. 9. The Contractor will declare a management option of the statutory retained percentage on Exhibit E, if applicable. ❑ Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived INDEX OF EXHIBITS I�1 Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility,and Voluntary Exclusion ❑� Exhibit B: Certification of Compliance with Wage Payment Statues 0 Exhibit C: Contract Bond,Jefferson County,Washington ❑ Exhibit D: Contractor's Declaration of Option for Contracts for Less Than$150,000 Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained Percentage Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 4 of 10 IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written, and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written. Executed by the Contractor March 22 n d 20_2,-J_ Contractor: Bruch and Bruch Construction,Inc. (Please print) By: Chelsey D. Pruss, President (P se print) (Si ure) BRUCHBC170CM State of Washington,Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kate Dean, District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3 Approved as to form only: PRE-APPROVED CONTRACT FORM Phili C. Hunsucker Date ief a ftyllr for onte Reinders, Da e Public Works Director/County Engineer Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 5 of 10 EXHIBIT A CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY,AND VOLUNTARY EXCLUSION The Contractor certifies to the best of its knowledge and belief,that it and its principals: (1) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; (2) Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of laud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery,bribery,falsification or destruction of records,malting false statements,or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,State,or local)with commission of any of the offenses enumerated in paragraph(2)of this certification;and (4) Have not within a 3-year period preceding this contract had one or more public transactions(Federal, State,or local)terminated for cause or default. Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an explanation. Bruch and Bruch Construction,Inc. Name of Contractor(Please print) Chelsey D. Pruss, President e le of Authorized Representative(Please p),4nt) S f Au orize Representative ❑ I am unable to certify to the above statement. An explanation is attached. Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 6 of 10 EXHIBIT B CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. The undersigned bidder hereby certifies that,within the three-year period immediately preceding the bid solicitation date February 15,2023 ,the bidder is not a"willful'violator,as defined in RCW 49.48.082, or any of the provisions of chapters 49.46,49.48,or 49.52 RCW as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. Bruch and Bruch Construction,Inc. Bidder's Business Name 'Sfg_naA0 Authorized Official* Chelsey D. Pruss Printed Name President Title n3/22/23 Port Angeles WA Date City State Check One: Sole Proprietorship El Partnership Joint Venture® CorporatiogR State of Incorporation,or if not a corporation,State where business entity was formed:Washington If a co-partnership,give firm name under which business is transacted: * If a corporation,proposal must be executed in the corporate name by the president or vice- president(or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership,proposal must be executed by a partner. Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 7 of 10 EXHIBIT C CONTRACT BOND JEFFERSON COUNTY,WASHINGTON Bond No. 107778469 KNOW ALL MEN BY THESE PRESENTS: That Bruch and Bruch Construction, Inc. ,of Port Angeles,Washington as and Travelers Casualty and Surety Company Principal, of America ,as Surety, jointly ointly and severally held and bound unto the COUNTY OF JEFFERSON,the penal sum of One Million,Ninety-two Thousand,Three Hundred Ninety-four and No/100 Dollars ($ 1,092,394.00 ),for the payment of which we jointly and severally bind ourselves,or heirs,executors,administrators,and assigns,and successors and assigns,firmly by these presents. The condition of this bond is such that WHEREAS,on the day of ,A.D.,20 the said Bruch and Bruch Construction, Inc. ,Principal herein,executed a certain contract with the County of Jefferson,by the terms,conditions and provisions of which contract the said Bruch and Bruch Construction,IC ,Principal herewith,agrees to furnish all materials and do certain work,to-wit: That the said Principal herein will undertake and complete the following described work: This contract provides for the improvement of Snow Creek Road near milepost 0.84. Included is the excavation of the existing road embankment and culvert, installation of a new 72-inch diameter culvert,reconstruction of the road embankment and road base,HMA wearing surface,guardrail,site restoration and other work in Jefferson County,Washington,as per maps,plans and specifications made a part of said contract,which contract as so executed,is hereunto attached,and is now referred to and by this reference is incorporated herein and made a part hereof as full for all purposes as if here set forth at length. NOW THEREFORE,if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said contract,in all respects and shall well and truly and fully do and perform all matters and things by the said Principal undertaken to be performed under said contract,upon the terms proposed therein,and within the time prescribed therein,and until the same is accepted,and shall pay all laborers,mechanics,subcontractors and materialmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work,and shall in all respects faithfully perform said contract according to law,then this obligation to be void,otherwise to remain in full force and effect. WITNESS our hands this 22nd day of March ,2023 Bruch and Bruch Construction, Inc. Travelers Casualty and Surety Corrt 9%*V. P CIP SURETY C PANY =o:•' . Q F- BY BY _M v Che s Pruss , President ��':� ;° a`)c' By: Holli Albers ss� --• Attorney-in-fact ire�' � Address of local office and agent of surety company: F& • s E Z Travelers Casualty and Surety Company of America ry m ® 1501 Fourth Ave., Suite 1000, Seattle,WA 98101 213.•�° Propel Insurance NINO 1201 Pacific Avenue, Suite 1000, Tacoma, WA 98402 Construction Contract Contract G Version I Risk Legal Review Date 06/17/2020 Page 8 of 10 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Holli Albers of TACOMA , Washington , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed.. and their corporate seats to be hereto affixed. this 21st day of April. 2021. HARTF c� J•�.r aho � e sc y� A it { � ? i ORD. CJPY1='( \\" ) CO WfL4 r � State of Connecticut By: City of Hartford ss. Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. v.V01- IN WITNESS WHEREOF, I hereunto set my hand and official seal. � '+. t.OIAR'f i My Commission expires the 30th day of June,2026 •+• 'j f/J�G r i=.ic i Anna P.Nowik,Notary Public ca This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman. the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President. the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman. the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary:and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal. if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of ea�h,�fl"tH@"figinpanies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compfte,o?tnThich sin full force and effect. Dated this 22nd day of March 2023 ��;' Q ; s =yrrY J,,r r A,o Q• ��4�� D m J;WRTFORI,, .0 MARTPoRD. \&\CIYW.rf� W CONta. o � iL4 r�v d'.'•. .... �` � �!�C --I-.- ' •��' `' "+ �s �''•,�'I� •• Kevin E. Hughes,Assi tant Secretary yd 1 To verify the authenticity of this Power of Attorney,please cal/us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-fact and the details of the bond to which this Power of Attorney is attached. EXHIBIT D CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN$150,000 A. A Contract Bond will be provided as required. Date Signed B. In lieu of providing a Contract Bond,the County will withhold 10%of the Contract amount. Date Signed Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 9 of 10 EXHIBIT E CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE A. I hereby elect to have the retained percentage of this contract held in a fund by the Owner until(30) days following final acceptance of the work. Date 03/22/23 Signed B. I hereby elect to have the Owner deposit the retained percent4gefis contract in an interest bearing account,not subject to withdrawal until after final acceptance of the work. Date Signed C. I hereby elect to have the Owner invest the retained percentage of this contract from time to time as such retained percentage accrues. I hereby designate as the repository for the escrow of said funds. I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute. The Owner shall not be liable in any way for any costs or fees in connection therewith. Date Signed D. I hereby elect to provide a Retainage Bond in accordance with R.C.W 60.28.011. Date Signed Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 10 of 10 Client#: 57170 BRUCBRUC1 ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/22/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Diane Harding Propel Insurance PHONE 800 499-0933 866 577-1326 1201 Pacific Avenue; Suite 1000 E-MAIL E"t` Luc No COM Construction ADDRESS: diane.harding@propelinsurance.com _ -- INSURER(S)AFFORDING COVERAGE NAIC# Tacoma,WA 98402-4321 INSURER A:Imperium Insurance Company 35408 INSURED INSURER B:Great American E&S Insurance 37532 Bruch 8r Bruch Construction, Inc. INSURER C P.O. Box 250 Port Angeles,WA 98362 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP NSR WVD POLICY NUMBER MM/DD/YYYY MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CONIICGL000005500 5/14/2022 05/14/2023 EACH OCCURRENCE S COCCURRENCE $1 000,000 CLAIMS-MADE � p A EM IS OCCUR PR Ea occurrence $300 000 X PD Ded:2,500 MED EXP(Any one person) s5,000 X Loggers BFPD PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY�J CTPRO- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CONIICCA000014800 5/14/2022 05/14/202 COMBINED SINGLE LIMIT Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY Ix AUTOS ONLY Per accident $ X rive Oth Car $ A UMBRELLA LIAB X OCCUR CONIICCiX000004800 5/14/2022 05/14/2023 EACH OCCURRENCE $5 000 000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5 000 000 DIED RETENTION$ $ A WORKERS COMPENSATION CONIICGL000005500 5/14/2022 05/14/202 PER OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE WA Stop Gap E.L.EACH ACCIDENT $1 00O 000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Contractors CPBE44548503 5/14/2022 05/14/202 $2,000,000 occ i Pollution Liab $2,000,000 agg DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Project No. 18020310/Snow Creek Road MP 0.84. Additional Insured Status applies per attached form(s). Waiver of Subrogation applies per attached form(s). CERTIFICATE HOLDER CANCELLATION Jefferson County Department of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 623 Sheridan Street Port Townsend,WA 98368 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S5751578/M5534261 KTR00 This page has been left blank intentionally. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization in which the Named Any location(s) in which the Named Insured has Insured has agreed in a written contract or written agreed in a written contract or written agreement agreement executed prior to the loss. executed prior to a loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance shown in the Declarations; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance shown in the required by a contract or agreement, the Declarations. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 HIIG CG 20 07 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Coverage Limit of Insurance Single Construction Project General Aggregate Limit Equal to General Aggregate Limit Cap For All Damages from All Ongoing Construction Projects $5,000,000 A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under SECTION I—COVERAGES, COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I —COVERAGES, COVERAGE C— MEDICAL PAYMENTS, which can be attributed only to ongoing operations at construction projects away from premises owned by or rented to the insured: 1. The most we will pay will be capped at the Cap For All Damages from All Ongoing Construction Projects limit shown in the Schedule above, regardless of the number of: a. "Occurrences"; b. Insureds; C. Claims made or"suits"brought; d. Persons or organizations making claims or bringing "suits"; or e. Separate construction projects. 2. Subject to Paragraph A.I.above: A separate Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 3. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under SECTION I - COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under SECTION I-COVERAGE C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or C. Persons or organizations making claims or bringing"suits". 4. Any payments made under SECTION I - COVERAGE A for damages or under SECTION I - COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. 5. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit HIIG CG 20 07 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C, which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Subject to Paragraph A.I. above, such payments shall not reduce any Single Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Aggregate Limit. D. If a single construction project away from premises owned by or rented to the insured has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. If endorsement CG 25 03, Designated Construction Project(s) General Aggregate Limit (or a similar construction project(s) aggregate endorsement) is also a part of this policy or coverage part, the most we will pay for all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under SECTION I - COVERAGE A and all medical expenses caused by accidents under SECTION I - COVERAGE C,which can be attributed only to ongoing operations at: 1. Any construction project(s) designated in such CG 25 03 endorsement (or in a similar such construction project(s)aggregate endorsement); 2. Any construction project(s)to which the provisions of this endorsement apply; and/or 3. Any construction project(s) to which the provisions of this endorsement and the provisions of such CG 25 03 endorsement(or a similar such construction project(s)aggregate endorsement)both apply; will be subject to Paragraph A.I. above. F. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. I HIIG CG 20 07 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 2 with its permission. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following.- COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any person or organization in which the Named Any location(s) in which the Named Insured has Insured has agreed in a written contract or written agreed in a written contract or written agreement agreement executed prior to a loss. executed prior to a loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 This page has been left blank intentionally. COMMERCIAL AUTO CA 04 43 11 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to any person(s) or organization(s) for whom you are required to waive subrogation with respect to the coverage provided under this Coverage Form, but only to the extent that subrogation is waived: A. Under a written contact or agreement with such person(s) or organ ization(s)-1 and B. Prior to the"accident" or the"loss." CA 04 43 11 20 © Insurance Services Office, Inc., 2019 Page 1 of 1 This page has been left blank intentionally. POLICY NUMBER: COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is Autos Liability Coverage in the Business Auto and an "insured" for Covered Autos Liability Coverage, but Motor Carrier Coverage Forms and Paragraph D.2. of only to the extent that person or organization qualifies Section I — Covered Autos Coverages of the Auto as an "insured" under the Who Is An Insured provision Dealers Coverage Form. contained in Paragraph A.1. of Section II — Covered CA 20 48 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 This page has been left blank intentionally. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule: if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance, and CG 20 01 12 19 © Insurance Services Office. Inc., 2018 Page 1 of 1 This page has been left blank intentionally. COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance — Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an "insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 This page has been left blank intentionally.